Texas & N. O. R. v. Petersilka

FLY, O. J.

Appellee, the widow of Anton Petersilka, deceased, sued appellant for the recovery of damages, alleged to have accrued through the death of her husband. The negligence alleged was the failure to use ordinary care to furnish a safe place in which Pe-tersilka, an employe of appellant, could perform the work that devolved upon him, in that deceased was placed in a position of peril by the operation of a certain large swinging crane, with a heavy engine frame suspending therefrom, and that, in endeavoring to save himself from his position of danger, deceased had no avenue of escape,…